Bijural Terminology Records

42. (1) A debtor commits an act of bankruptcy in
each of the following cases:

...

(e) if the debtor permits any execution or other process
issued against the debtor under which any of the debtor's property is seized,
levied on or taken in execution to remain unsatisfied until within five days
from the time fixed by the sheriff for the sale thereof or for fifteen days
after the seizure, levy or taking in execution, or if any of the debtor's
property has been sold by the sheriff, or if the execution or other process has
been held by the sheriff for a period of fifteen days after written demand for
payment without seizure, levy or taking in execution or satisfaction by
payment, or if it is returned endorsed to the effect that the sheriff can find
no property whereon to levy or to seize or take, but where interpleader proceedings have been instituted with respect to the property seized, the time
elapsing between the date at which the proceedings were instituted and the date
at which the proceedings are finally disposed of, settled or abandoned shall
not be taken into account in calculating the period of fifteen days; ....

Problem

The effect of paragraph 42(1)(e) is to set aside the
presumption of an act of bankruptcy when a person has legitimate cause to
oppose seizure. In common law, "interpleader" proceedings serve this purpose.
The equivalent term in French,"entreplaideries",
does not appear in the French version.

In civil law, the appropriate procedure is called "opposition to
seizure" and the term appears in the French version, however it is absent from
the English version.

Solution

In the English version, the term "opposition" is added. In the
French version, the term "entreplaideries" is added.

Harmonized Provision

42. (1) A debtor commits an act of bankruptcy in
each of the following cases:

...

(e) if the debtor permits any execution or other process
issued against the debtor under which any of the debtor's property is seized,
levied on or taken in execution to remain unsatisfied until within five days
after the time fixed by the executing officer for the sale of the property or
for fifteen days after the seizure, levy or taking in execution, or if any of
the debtor's property has been sold by the executing officer, or if the
execution or other process has been held by the executing officer for a period
of fifteen days after written demand for payment without seizure, levy or
taking in execution or satisfaction by payment, or if it is returned endorsed
to the effect that the executing officer can find no property on which to levy
or to seize or take, but if interpleader or opposition proceedings
have been instituted with respect to the property seized, the time elapsing
between the date at which the proceedings were instituted and the date at which
the proceedings are finally disposed of, settled or abandoned shall not be
taken into account in calculating the period of fifteen days;